Swift v. Lee

Citations

• 65 Ill. 336

Syllabus

<p>1. Appeaeakcb—sufficiency of proof to overcome evidence of the record, showing. Where the record of a suit by attachment recited the appearance of the defendant, by his attorney, and the entry of a written motion to dismiss the suit, and also a motion to continue the cause: Held, that if such an appearance of record could be limited, contradicted or explained, it would have to be done by clear and satisfactory evidence.</p> <p>2. In such a case, where the attorney, shown to have appeared, by the record, testifies that he was not authorized to enter the defendant’s appearance, but only appeared in his own behalf as garnishee, and that it was with dfficulty he could remember the circumstances; and where the written motions made showed an appearance to the action, and not to the garnishee proceeding; and where the opposing counsel were clear and positive that the attorney did appear to the action: Held, that the evidence, if admissible, was not sufficient to overcome the evidence afforded by the written motions and the recitals of the record.</p> <p>3. Lew—sufficiency of description of land. The certificate of a levy described the property as “ two lots of land known as the house lot and mill lot of the within named A B, sections 19 and 20, township 42, north, range 4 east 3 P. M. De Kalb county.” The certificate of purchase and sheriff’s deed described the lots on section 20, where they were in fact situated: Held, that the description was sufficiently certain without the words, “ sections 19 and 20,” as the property could be identified by extrinsic evidence, and the words indicated would be rejected as surplusage.</p> <p>4. Had the description been “two tracts of land of A B, one being that upon which he resides, the other that upon which his mill is situated,”- it would have been good, and any further and false description would be rejected.</p> <p>5. DESCBiPTiorr—:surplusage. In the description of lands in conveyances and judicial proceedings, it is held that if